Child Custody Mediation Process

Essay by timuny October 2014

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Kramer vs. Kramer

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Kramer Vs Kramer is a story that addresses issues of divorce process. The story highlights the role of lawyers and the legal system in divorce cases. The New York divorce lawyer is captured as an adversarial gladiator and the only option for resolving Ted vs. Joanna case id through litigation. The focus of story is the legal battle between Joanna and Ted, a couple of eight years but separated when Joanna felt she needed to establish herself. She leaves Ted to take care of their son Billy. The movie captures how Ted evolves to an exemplary single parent and he becomes a supportive and nurturing figure in the life of his son. 18 months after Ted had received custody of Billy in the Divorce decree, his ex-wife returns to New York and tells Ted she wants Billy.

In a move that is against wishes of Joanna, Ted approaches John Shaunessy, a counsel in divorce cases. John does not mention aspects of mediation or negotiated settlement between the Ted and Joanna. However, the aftermath of the case shows that this was the most applicable approach of resolving parenting relationship issues (Schepard, 2007).

Child Custody Mediation Process

When ending relationships, the most complicated issue is child custody. Both parents feel they need to be present in the lives of the child as Kramer v. Kramer highlights. This way, a negotiated agreement by a third party is the most effective approach. The process has the following phases (, 2014)

  • Phase 1- Initial meeting with the mediator/ Identifying and Categorizing issues

Both parties express interest in mediation at this stage. They approach a mediator with open mind and willingness to listen. The focus is...